English rule in Minnesota

1991Blackstone, Commentaries *355 (cited in Powell v. Alabama, 287 U.S. 45, 60-61 , 53 S.Ct. 55, 60-61 , 77 L.Ed. 158 (1932)).

1991Blackstone, Commentaries *355 (cited in Powell v. Alabama, 287 U.S. 45, 60-61 , 53 S.Ct. 55, 60-61 , 77 L.Ed. 158 (1932)).

1954Maulsby v. Reifsnider, 69 Md. 143 , 14 A. 505 .

1954Maulsby v. Reifsnider, 69 Md. 143 , 14 A. 505 .

1948Hansen v. Hayes, 175 Or. 358 , 154 P. (2d) 202 ; Philby v. N. P. Ry.

1948Hansen v. Hayes, 175 Or. 358 , 154 P. (2d) 202 ; Philby v. N. P. Ry.

1938Appellants’ counsel concede that of recent years more of the courts have come to the vieAv of the Illinois and Massachusetts courts as expressed in Wyeth v. Crane, 312 Ill. 545 , 174 N. E. 871 , and Jackson v. Jackson, 153 Mass. 374 , 26 N. E. 1112 , 11 L.

1938Appellants’ counsel concede that of recent years more of the courts have come to the vieAv of the Illinois and Massachusetts courts as expressed in Wyeth v. Crane, 312 Ill. 545 , 174 N. E. 871 , and Jackson v. Jackson, 153 Mass. 374 , 26 N. E. 1112 , 11 L.

1938Appellants rely somewhat on In re Estate of Fretheim, 156 Minn. 366, 367 , 194 N. W. 766 , but the main point there was Avhether the will, which bequeathed testator’s property “to my legal heirs according as the law provides,” vested as the statute prescribed when the will Avas made or as it prescribed Avhen testator died.

1938Appellants rely somewhat on In re Estate of Fretheim, 156 Minn. 366, 367 , 194 N. W. 766 , but the main point there was Avhether the will, which bequeathed testator’s property “to my legal heirs according as the law provides,” vested as the statute prescribed when the will Avas made or as it prescribed Avhen testator died.

1938Appellants’ counsel concede that of recent years more of the courts have come to the vieAv of the Illinois and Massachusetts courts as expressed in Wyeth v. Crane, 312 Ill. 545 , 174 N. E. 871 , and Jackson v. Jackson, 153 Mass. 374 , 26 N. E. 1112 , 11 L.

1938Appellants’ counsel concede that of recent years more of the courts have come to the vieAv of the Illinois and Massachusetts courts as expressed in Wyeth v. Crane, 312 Ill. 545 , 174 N. E. 871 , and Jackson v. Jackson, 153 Mass. 374 , 26 N. E. 1112 , 11 L.

1938Northern Trust Co. v. Wheeler, 345 Ill. 182 , 177 N. E. 884 .

1938Northern Trust Co. v. Wheeler, 345 Ill. 182 , 177 N. E. 884 .

1938In In re Farmers’ Loan & Trust Co. 213 N. Y. 168 , 107 N. E. 340 , 2 A. L.

1938In In re Farmers’ Loan & Trust Co. 213 N. Y. 168 , 107 N. E. 340 , 2 A. L.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1930The question is considered in Nichols v. Eaton, 91 U. S. 716 , 23 L. ed. 254; Hyde v. Woods, 94 U. S. 523 , 24 L. ed. 264; Spindle v. Shreve, 111 U. S. 542 , 4 S. Ct. 522 , 28 L. ed. 512; and Shelton v. King, 229 U. S. 90 , 33 S. Ct. 686, 688 , 57 L. ed. 1086.

1924In view of the length of time [about one year] which elapsed after the stock was issued before the bank failed, the want of diligence on part of the defendants in not sooner discovering at least the utter and hopeless insolvency of the bank, and the large amount of corporate indebtedness created since the stock was issued, and which is still outstanding, the right to rescind should be denied, according to the overwhelming weight of authority in this country, even from those courts which have not adopted the English rule.” Olson v. State Bank, 67 Minn. 267, 274 , 69 N. W. 904 .

1924In view of the length of time [about one year] which elapsed after the stock was issued before the bank failed, the want of diligence on part of the defendants in not sooner discovering at least the utter and hopeless insolvency of the bank, and the large amount of corporate indebtedness created since the stock was issued, and which is still outstanding, the right to rescind should be denied, according to the overwhelming weight of authority in this country, even from those courts which have not adopted the English rule.” Olson v. State Bank, 67 Minn. 267, 274 , 69 N. W. 904 .

1924See to the same effect Dunn v. State Bank of Minneapolis, 59 Minn. 221 , 61 N. W. 27 ; Atwater v. Stromberg, 75 Minn. 277 , 77 N. W. 963 .

1924See to the same effect Dunn v. State Bank of Minneapolis, 59 Minn. 221 , 61 N. W. 27 ; Atwater v. Stromberg, 75 Minn. 277 , 77 N. W. 963 .

1924The language of Dodge v. Williams, 46 Wis. 70 , 1 N. W. 92 , 50 N. W. 1103 , wherein it was said: “The statute limiting the rule against perpetuities to realty, manifestly abrogates the English doctrine as applicable to personalty,” became the subject of much discussion as to whether or not it was language of judicial determination, or obiter dictum, but finally, because11 it had reached its majority, was adopted as a rule of property, and at a time when it would seem that at least some of the members of that court thought the decision was wrong.

1924The language of Dodge v. Williams, 46 Wis. 70 , 1 N. W. 92 , 50 N. W. 1103 , wherein it was said: “The statute limiting the rule against perpetuities to realty, manifestly abrogates the English doctrine as applicable to personalty,” became the subject of much discussion as to whether or not it was language of judicial determination, or obiter dictum, but finally, because11 it had reached its majority, was adopted as a rule of property, and at a time when it would seem that at least some of the members of that court thought the decision was wrong.

1924The court said: “Whether the decision was right or wrong, to disturb it now by mere judicial power would be a far greater mistake than the making thereof, if it were clearly erroneous, when such a question has been so long settled as to have become firmly impressed upon property, the maxim, stare decisis, et non quieta movere, should be regarded as a governing principle in respect thereto.” Becker v. Chester, 115 Wis. 90, 114 , 91 N. W. 87 ; Danforth v. City of Oshkosh, 119 Wis. 262 , 97 N. W. 258 .

1924The court said: “Whether the decision was right or wrong, to disturb it now by mere judicial power would be a far greater mistake than the making thereof, if it were clearly erroneous, when such a question has been so long settled as to have become firmly impressed upon property, the maxim, stare decisis, et non quieta movere, should be regarded as a governing principle in respect thereto.” Becker v. Chester, 115 Wis. 90, 114 , 91 N. W. 87 ; Danforth v. City of Oshkosh, 119 Wis. 262 , 97 N. W. 258 .

1924The court said: “Whether the decision was right or wrong, to disturb it now by mere judicial power would be a far greater mistake than the making thereof, if it were clearly erroneous, when such a question has been so long settled as to have become firmly impressed upon property, the maxim, stare decisis, et non quieta movere, should be regarded as a governing principle in respect thereto.” Becker v. Chester, 115 Wis. 90, 114 , 91 N. W. 87 ; Danforth v. City of Oshkosh, 119 Wis. 262 , 97 N. W. 258 .

1924The court said: “Whether the decision was right or wrong, to disturb it now by mere judicial power would be a far greater mistake than the making thereof, if it were clearly erroneous, when such a question has been so long settled as to have become firmly impressed upon property, the maxim, stare decisis, et non quieta movere, should be regarded as a governing principle in respect thereto.” Becker v. Chester, 115 Wis. 90, 114 , 91 N. W. 87 ; Danforth v. City of Oshkosh, 119 Wis. 262 , 97 N. W. 258 .

1914A classification of waters based upon the ebb and flow of the tide has been rejected in many cases as unsuited to our conditions, and it was long ago said by the United States Supreme Court: “If a distinction is made on that account, it is merely arbitrary, without any foundation in reason; and, indeed, would seem to be inconsistent with it.” The Genesee Chief, 12 How. 443, 454 , 13 L. ed. 1058.

1914A classification of waters based upon the ebb and flow of the tide has been rejected in many cases as unsuited to our conditions, and it was long ago said by the United States Supreme Court: “If a distinction is made on that account, it is merely arbitrary, without any foundation in reason; and, indeed, would seem to be inconsistent with it.” The Genesee Chief, 12 How. 443, 454 , 13 L. ed. 1058.

1910Guy v. Donald, supra. So there bas often been applied tbe rule of public policy, not invariably of law, that, when one of two innocent persons must suffer by acts of a third, be who bas enabled such third person to occasion tbe loss must bear it; Essentially tbe basis of tbe later English doctrine is this: “Tbe grounds upon which it seems to rest, as ex-. plained in cases such as Barwick v. English Joint Stock Bank [L.

1909In Mahoney v. Dore, 155 Mass. 513 , 30 N. E. 366 , the English rule was apparently adopted ; in O’Maley v. South, 158 Mass. 135 , 32 N. E. 1119 , 47 L.

1909In Mahoney v. Dore, 155 Mass. 513 , 30 N. E. 366 , the English rule was apparently adopted ; in O’Maley v. South, 158 Mass. 135 , 32 N. E. 1119 , 47 L.

1909In Mahoney v. Dore, 155 Mass. 513 , 30 N. E. 366 , the English rule was apparently adopted ; in O’Maley v. South, 158 Mass. 135 , 32 N. E. 1119 , 47 L.

1909In Mahoney v. Dore, 155 Mass. 513 , 30 N. E. 366 , the English rule was apparently adopted ; in O’Maley v. South, 158 Mass. 135 , 32 N. E. 1119 , 47 L.

1909Choctaw v. Jones, 77 Ark. 367 , 92 S. W. 244 , 4 L.

1909Choctaw v. Jones, 77 Ark. 367 , 92 S. W. 244 , 4 L.

1909In Blakeman v. Blakeman, 39 Conn. 320 , the court applied the English rule in a case whore the right of way through certain land had become extinguished by the purchase of the servient estate by the owner of the dominant •estate, who afterwards sold the dominant estate, and conveyed it by warranty deed which granted the land with its privileges and •appurtenances, but did not in express terms grant the right of way.

1909In Blakeman v. Blakeman, 39 Conn. 320 , the court applied the English rule in a case whore the right of way through certain land had become extinguished by the purchase of the servient estate by the owner of the dominant •estate, who afterwards sold the dominant estate, and conveyed it by warranty deed which granted the land with its privileges and •appurtenances, but did not in express terms grant the right of way.

1909Marks v. Cotton, 138 N. C. 401 , 50 S. E. 769 , 3 Am. & Eng.

1909Marks v. Cotton, 138 N. C. 401 , 50 S. E. 769 , 3 Am. & Eng.

1901If he would not have repaired the vessel, it is deemed to be lost.” Reference is also made to the views expressed by Justice Camp bell in Brady v. N. W., 11 Mich. 425 , approving the English doctrine.

1901If he would not have repaired the vessel, it is deemed to be lost.” Reference is also made to the views expressed by Justice Camp bell in Brady v. N. W., 11 Mich. 425 , approving the English doctrine.

1894“Parent and Child”) state the law in exact accordance with w'hat we may term the “English rule.” Parsons, in his work on Contracts (volume 1, p. 322), undoubtedly states the law too broadly, in omitting the qualification, “and enjoys the. benefit of it.” At least a respectable minority of the American decisions are in full accord with what we have termed the “English rule.” See, among others, Riley v. Mallory, 33 Conn. 206 ; Adams v. Beall, 67 Md. 53 , ( 8 Atl. 664 ;) Breed v. Judd, 1 Gray, 455 .

1894“Parent and Child”) state the law in exact accordance with w'hat we may term the “English rule.” Parsons, in his work on Contracts (volume 1, p. 322), undoubtedly states the law too broadly, in omitting the qualification, “and enjoys the. benefit of it.” At least a respectable minority of the American decisions are in full accord with what we have termed the “English rule.” See, among others, Riley v. Mallory, 33 Conn. 206 ; Adams v. Beall, 67 Md. 53 , ( 8 Atl. 664 ;) Breed v. Judd, 1 Gray, 455 .